COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONTINUES TO EXAMINE ZIMBABWE REPORT
Press Release
RD/847
COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONTINUES TO EXAMINE ZIMBABWE REPORT
19960229 GENEVA, 28 February (UN Information Service) -- The Attorney-General of Zimbabwe, A.P. Chinamasa, said this morning he would recommend that his Government recognize the competence of the Committee on the Elimination of Racial Discrimination to examine communications from individuals who claim to be victims of racial discrimination at the hands of Zimbabwean officials.Speaking as the Committee continued to study his country's adherence to the International Convention on the Elimination of all Forms of Racial Discrimination, he also pledged to recommend that Zimbabwe accept the amendment to the Convention providing for the financing of the panel's activities from the regular budget of the United Nations, rather than from State party contributions.
Committee experts welcomed the candid dialogue conducted with the Zimbabwe delegation and the undertakings announced by the Attorney-General. The Committee will now draft observations on the report of Zimbabwe to be adopted later in the session.
Also this morning, the expert panel took up a draft general recommendation meant to guide its deliberations when monitoring the application of article 5 of the Convention. That article obliges governments to guarantee the enjoyment of civil, political, economic, social and cultural rights and freedoms without discrimination based on race. This discussion will continue throughout the session.
Discussion of Zimbabwe Report
Responding to issues raised by Committee members yesterday, A.P. CHINAMASA (Zimbabwe) said that when Zimbabwe became independent in 1980, the education system had been segregated. Schools in the white suburbs had remained white because those areas had not been integrated. To counter this, the Minister of Education had established a quota system -- a form of busing -- whereby blacks could attend white schools. The system provided for schools to have 60 per cent black students and 40 per cent white. Initially, the reaction of the white community was to move out and establish private schools. The Government had applied the quota system to newly-established private schools as well. The only remaining problem was related to class
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discrimination. Some private schools charged exorbitant fees, thereby excluding pupils from the poor sectors of the population.
The Government fully funded attendance in tertiary institutions, he continued. Students were selected on the basis of merit; once students were admitted, their costs were covered, regardless of their station in life. There were also funds to cover the costs of pupils in primary and secondary education. The major official language was English. In the areas occupied by the Ndebele-speaking people, the languages used were Ndebele and Shona. In Shona areas, the languages used were English and Shona. No curriculum had yet been prepared in respect of other minority groups, although this was being done now.
With respect to the European and Asian populations, there were no problems in Zimbabwe, he said. These communities were encouraged to set up their own schools. However, it was now almost an accepted principle that even in community schools, the majority of pupils would be black. The Government was encouraging the establishment of private schools in the interest of spreading the cost for education. Given the fact that 85 per cent of the population belonged to the Shona ethnic group, they were in a predominant position regardless of the area one spoke of.
Regarding the lack of legislation specifically criminalizing racial discrimination, he said he must confess that Zimbabwe had no adequate legislation in place. The matter had been under active consideration by the Ministry of Justice for one year.
Commenting on the land reforms carried out since independence, Mr. Chinamasa said the redistribution of land had initially being guided by the principle of "willing buyer, willing seller". Once there were no more willing sellers, the Government enacted the Land Acquisition Act, No. 3 of 1992, which provided for compulsory acquisition of land in exchange for compensation. The Government identified land for acquisition and notified its owner, who had the opportunity to object. If the owner of the land thought the Government was acting in mala fide, he or she could take the issue to the courts, which would decide whether the transaction could go ahead. The right to property was enshrined in the Constitution, but there were exceptions where the public good was concerned. There were no statistics on the distribution of land between the Shona and Ndebele groups.
Regarding the implementation of the policy of reconciliation announced in 1980, he said that among the different ethnic groupings this had found concrete expression in the merging of the two major political groupings -- ZANU and ZAPU -- into the ZANU-PF. Furthermore, a general amnesty had been decreed exonerating people from both sides who had committed atrocities during the war for independence.
The reports quoted by a Committee member asserting discrimination against the Ndebele people had come from members of the ruling party, he said. During the colonial era, the Ndebele had enjoyed minimal access to secondary education. At independence, the Shona were more educated than the Ndebele.
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As a result, Shona teachers had been sent to work in Ndebele areas. Most of the criticism stemmed from this development. It was clear that in the primary schools it was unjust to have teachers who could not speak the native language of the pupils. The Government recognized this and was acting to correct it. The different ethnic groups had representatives in Parliament.
There was no white unemployment in Zimbabwe. This was not a result of the superior skill of whites, but was rather due, he suspected, to the fact that recruitment was sometimes based on ethnicity. There had also been cases of estate agents being suspected of giving preference to white customers. Responding to further questions regarding the seemingly discriminatory provisions of marriage laws, he admitted that potentially polygamous marriage was confined to blacks or to blacks who married non-blacks. Two non-black persons could not contract an African customary marriage. This was a question that had caused much concern. The Government was now trying to do away with race distinctions in marriage legislation.
Committee member and country rapporteur LUIS VALENCIA RODRIGUEZ welcomed the candid response of the Zimbabwe delegation and the undertaking by the Attorney-General to recommend that his Government recognize the competence of the Committee to examine communications from individuals claiming to be victims of racial discrimination. He stressed the need for the Government to enact legislative, judicial and administrative measures to make dissemination of ideas based on racial superiority or hatred, and incitement to racial discrimination offences punishable by law.
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